Employment Law Archivi - Studio legale Ichino Brugnatelli

Guglielmo Burragato interviewed on Corporate Sustainability Reporting

Posted on 24 May 202325 May 2023 by guestadmin

Il Sole 24 Ore of Monday 22 May interviews legal counsel whose company clients will need to comply with the Corporate Sustainability Reporting Directive [CSRD].

As the journalist Serena Uccello points out, ‘the most important novelty comes in the future, when the number of companies that will have to draw up a sustainability report will be extended: from 1 January 2026, the obligation will apply to all companies with more than 250 employees, a turnover of more than EUR 50 million and an annual budget of at least EUR 43 million’.

The information in it concerns how natural resources are used, the environmental impact of the activity carried out, how the wealth produced is distributed and important information on employment, workers’ rights and gender equality. As regards HR management, the report is usually framed around the human rights issues that a Company holds as most salient, which may span the full value chain.

Employment aspects

Atty Guglielmo Burragato emphasises that the governance and social aspects, of which the
protection of gender equality and diversity are important components’, fall within the area of labour law: from regulations against undeclared or underpaid work to safety measures that become
relevant to Corporate Sustainability Reporting .

The need for training programmes

It will also be up to companies to control the risk that their suppliers do not observe good sustainability practices in their production processes and in measuring their environmental, social and governance impact. This will require an investment in terms of training: ‘The prospects,’ Mr Burragato continues, ‘are important. But I must say that younger people show considerable sensitivity to these issues’.

The newspaper page with the full report is available here.

[Photo by Gerd Altmann from Pixabay].

Our Contribution to The Legal 500 Employee Incentives Guide

Posted on 10 February 202314 February 2023 by guestadmin

What kinds of incentive plan are most commonly oﬀered in Italy? Who are they offered to? Are there any limits on who can participate in an incentive plan and the extent to which they can participate? Are there any corporate governance guidelines that apply to the operation of incentive plans?

Many questions are being asked by HR managers of companies belonging to multinational groups. When it comes to the implementation of Group policies, there is not just the problem of a possible conflict with local statutory provisions. It is also important to evaluate the impact that any other practice or regulation may have on the employee incentive plans planned at group level.

The Legal 500, a brand of the publishing house Legalease specialising in legal market information, creates useful links between in-house lawyers and external consultants, HR managers and labour lawyers.

This is why The Legal 500 guides are prepared by leading law firms in each country: they provide operators with an overview of the laws and regulations in the major jurisdictions, divided by areas of practice.

The FAQs set up by The Legal 500 have been answered by Luca Daffra and Franco Tofacchi, both Senior Partners of our firm specialising in Employment Law. The answers are all included in the Italian Chapter of the Guide. Thanks to their experience, the two labour lawyers not only clarify the points submitted to them, which are common to all the countries involved. They also introduce topics not included in the grid, which no employing company can ignore when making business in Italy.

Our lawyers, in fact, are experts in those incentive plans which are usually offered to executives in Italy. However, they frequently assist company clients with employee perks and benefits planning and implementation. These incentive plans are widespread in our country and can be offered to all company associates, from managers to blue collars.

The trend to use this form of incentive has also been supported by Italian legislator, by specific provisions to incentivise the use of the so-called “corporate welfare” to support employees.

Pietro Ichino at Unibocconi’s seminar about communication between legal and economic knowledge

Posted on 26 January 202326 January 2023 by guestadmin

Pietro Ichino takes part in the seminar ‘La difficile comunicazione fra sapere giuridico e sapere economico’ (The difficult communication between legal and economic knowledge) jointly organised by the Angelo Sraffa Legal Studies and Ettore Bocconi Economics Departments at Bocconi University in Milan on January 9, 2023.

Works are started by Prof. Maurizio Del Conte of Unibocconi, who is also a discussant together with Prof. Tito Boeri of the same university.

In his telegraphic editorial for the newspapers Gazzetta di Parma, l’Adige and Alto Adige, Pietro Ichino emphasises the importance of communication between jurists and economists and between the corresponding academic communities. He emphasises that ‘in reality, for the entire past century, a wall of incommunicability divided labour lawyers from economists. What was considered orthodox by the formers was considered an aberration by the latters, and vice versa. Failed dialogue between the two academic communities has caused quite a bit of damage.”

If the event organised by Unibocconi can be considered almost a pilot project in Italy, the cooperation of experts in the two different fields can remedy flaws that have damaged the labour market for decades in our country.

Prof. Ichino’s presentation, available at www.pietroichino.it, sets out the contents of the entry Labour contract (law and economics) being published in the thematic volume Labour contract of the Encyclopaedia of Law (Ed. Giuffrè).

Atty Sergio Passerini recaps the novelties brought about by the “Transparency Decree”.

Posted on 17 November 202226 January 2023 by guestadmin

For Eutekne’s magazine “La Consulenza del Lavoro”, senior partner Sergio Passerini delves into some of the novelties brought about by Legislative Decree No. 104 of 27.6.2022, the so-called Transparency Decree.

By this Decree, Italian lawmakers implemented Directive 2019/1152/EU of the European Parliament and of the Council into Italian law, regarding transparent and predictable working conditions in the European Union. The measure transposing the aforementioned directive affects various pre-existing national laws, with the aim of increasing the information that the employee is entitled to receive from his employer or principal at the start of the relationship and to ensure certain minimum guarantees during its course.

Many are the institutions involved and with which this decree requires to be confronted; among them is also the notice of dismissal or resignation.

The full version of the article is available online in the magazine La Consulenza del Lavoro by Eutekne; for more information: www.eutekne.it/sile.

[Photo by Nile from Pixabay].

Atty Evangelista Basile discusses the topic of side and flexible part-time clauses

Posted on 27 June 202227 July 2022 by admib

Our senior partner Evangelista Basile will give a lecture tomorrow, Tuesday 28 June, as part of the training course organised by the commission for certification, conciliation and arbitration and the sub-commission of the employment consultants’ association of the province of Varese.

The topics he will target include: side clauses (probationary period – notice period – non-competition covenant – stability covenant – redundancy incentives – performance bonuses), part-time flexible clauses (transformation from full-time to part-time and vice versa – temporarily to resolve a crisis or reorganisation, as well as hiring part-time executives and managers), and fixed-term relationships.

The session will be held in person, from 2 p.m. to 6 p.m., at the offices of the employment consultants’ association of the province of Varese at 2, via Dante Alighieri, Varese.

The flyer can be downloaded from this link.

Labour law and HR management: lectures by Atty Evangelista Basile for Ipsoa’s master course

Posted on 6 July 202227 July 2022 by admib

Evangelista Basile’s programme yesterday was particularly rich in content as part of the master course “Employment law and the management of personnel” organised by IPSOA.

The senior partner of our firm addressed various arguments related to self-employment, with an overview of the history of its discipline, as distinct from that of subordinate employment, and highlighting the borderline between employee and freelance work is ever more difficult to delineate.

The rules of the game have been changed by work from home in particular, since the achievement of determined objectives is now more important and work performance is rendered with greater autonomy.

Evangelista outlined regulations and innovations in the area of job assignment, and finally explained the provisions governing mandatory employment in Italy.

Continuous training, Atty Evangelista Basile explains what is Justified Objective Reason (in Italian, GMO)

Posted on 23 June 202227 July 2022 by admib

Second appointment, today, in the scope of CSLP continuous training course by Euroconference. the topics addressed Atty Evangelista Basile shall present the difficult topic of layoffs for Justified Objective Reason and economic reasons.

Our Senior Partner will speak about worker-related Justified Objective Reasons (GMO) for dismissal, e.g., being unfit for the job from a physical or legal standpoint. Furthermore, he will explain what professional inability and loss of qualification mean, as well as supervening unsuitability for the job, and exhaustion of the illness leave time allowed, with an additional focus on repêchage and employee’s adaptation to the organisation

As regards the consequences of unlawful dismissal, the three regimens of protection by law, protection in re (art. 18) and increasing protection (Legislative Decree no. 23/2015) will be explained.

The brochure of the entire training course can be downloaded from this link.

Cross-border secondment and posting, Atty Massimo Pallini talks about possible misuses.

Posted on 20 June 202227 July 2022 by admib

“The discipline of posting in the interpretation of the Court of Justice and in Italian case law: food for thought and critical issues”. This is the training course accredited by Milan’s Bar, to be held at Università Statale, in which Atty Massimo Pallini will make a presentation on the misuse of transnational secondment by means of a sort of triangulation of temporary workers. The economic advantages that uscrupulous companies derive from this phenomenon make it urgent to stop such misuse and seek for remediation, so as to safeguard employed workers and compliant companies.

Where: Faculty of Political, Economic and Social Sciences at 7, Via Conservatorio Milan, and also online through MS Teams.

When: 6th July 2022, 3:00 to 6:00 p.m.

The programme can be downloaded from this link.

Ghezzi Prize 2021 awarded to our trainee Sofia Bitella

Posted on 16 June 202227 July 2022 by admib

The contest regarding the best J.D. dissertation in Italy had two winners this year, first equal: Dr Ambra Ferro and Dr Sofia Bitella. The important award is intended for graduates who have discussed their thesis in Italian universities during the academic year.

The topic of Sofia’s thesis “Beyond Subordination: Discipline and Protections for the New Generation of Self-Employed Workers” is an argument often targeted by Atty Pietro Ichino too, who already in 2010 presented the “Manifesto of the Second Generation of Self-Employed Workers” on his website. He emphasised how this form of work, which is different from the recognised and protected professions, is highly useful for Italian companies, but neither politics, nor the industrial relations system, nor the media have ever cared enough about it.

After more than a decade, the subject of study has remained complex, and the current new generation of self-employed workers is in a still-changing scenario.

Freedom of Enterprise and Work Development in Decentralised Manufacturing, Workshop in Rome

Posted on 18 May 202227 July 2022 by admib

On occasion of the opening of our new offices in Rome, we will meet in a workshop to talk about the strategic “make or buy” choice in the light of the evolution of business models, how it should be governed by the law, and its overall impact on the organisation of work.

Lawyer Mario Miceli, our new partner in the Rome office, will introduce the event.

Our Partners Pietro Ichino, Guglielmo Burragato, and Massimo Pallini will address the topic from a juridical standpoint, whilst Mr Fabio Bonfanti and Mr. Roberto Pagella of the company Accenture, as well as Ms Daniela Garreffa of the company Almaviva, will present their insights as company managers.

The programme, including location and hours, can be downloaded from this link.

Atty Francesco Brugnatelli at Galilei Institute

Posted on 2 February 202227 July 2022 by admib

Galileo Galilei Institute supports joint research projects on areas of shared expertise between Scuola Superiore Sant’Anna in Pisa and the University of Chongqing.

The Institute carries out excellence projects in collaboration with several departments of the prestigious Chinese university and promotes academic dialogue between professors of the University of Chongqing and several Italian institutions.

As a member of the Institute’s ‘Circle of Friends’, our Senior Partner Francesco Brugnatelli told Mr Marco Bonaglia about his experience: “Our interest in the Chinese market and our relationship with Chinese clients have been developed by me, based on my passion for the Chinese culture. We have built partnerships with some local authorities, we have assisted Chinese companies after they acquired Italian companies (including in the field of governance), as well as individuals and families who chose to come to Italy. Also because of my relationships with some Chinese colleagues, I have assisted important Chinese companies in international arbitrations. In the last two years, also due to the pandemic, we have developed contacts and relations with Chinese people and entities in Italy, a very lively and dynamic reality, thanks also to the increasing number of Chinese foreign students enrolled in our universities and academies”.

The text (in Italian) of the entire interview is available here.

New anti-Covid measures for healthcare professionals

Posted on 28 September 202127 July 2022 by admib

Article by Atty Matteo Motroni for Eutekne, the novelties of the anti-Covid regulations for healthcare workers.

Our Salary Partner Matteo Motroni summarises the novelties that 2021 Decree-law has brought on the anti-Covid vaccine front, in particular for health care workers, administrative staff of health care facilities, prison facilities, schools and law enforcement agencies.

In the same article, available at this link, Matteo briefly describes the main consequences of the adoption of such measures, with references to recent case law on the subject, from a labour law standpoint.

Category: Employment Law